****OFFICIAL SWEEPSTAKES RULES****
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY
TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE THE CHANCES OF WINNING
VOID WHERE PROHIBITED BY LAW
Sponsor. The Goldfish and Frank’s Redhot Giveaway (the “Sweepstakes”) is sponsored by Pepperidge Farm, Incorporated d/b/a Campbell Snacks, 595 Westport Avenue, Norwalk, CT 06851 (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.
Eligibility. Open only to legal residents of the United States including the District of Columbia (excluding all other U.S. territories and possessions outside of the United States and where otherwise prohibited by law) who (i) are 18 years of age or older at the time of entry in the Sweepstakes; (ii) have access to the Internet; and (iii) have a valid, public Instagram account in good standing as of the time of entry. Employees, officers, directors, agents, representatives and independent contractors, and their immediate family members and members of the same households (whether related or not) of Sponsor, McCormick and Company, and each of their parent, subsidiaries and affiliated companies as well as agencies providing services with respect to this Sweepstakes (collectively, the “Sweepstakes Parties”), are not eligible to participate. Subject to all federal, state and local laws and regulations.
Start/End Times. The Promotion begins at 12:01 AM United States Eastern Time (“ET”) on May 17, 2021 and ends at 11:59 PM ET on June 4, 2021 (the “Promotion Period”).
How to Enter. The Promotion will be conducted during the following three windows (each an “Entry Window”):
- from 11:59 AM ET on May 20, 2021 to 11:59 AM ET on May 21, 2021
- from 11:59 AM ET on May 27, 2021 to 11:59 AM ET on May 28, 2021 from 11:59 AM ET on June, 3 2021 to 11:59 AM ET on June 4, 2021
Prizes. One (1) prize will be awarded during each Entry Window, for a total of three (3) prizes (each a “Prize”). Each Prize consists of one limited-edition work of Goldfish® x Frank’s® Redhot® Inspired Artwork in the form of a non-fungible token (“NFT”). Total approximate retail value (“ARV”) for each Prize is $500. Total ARV of all prizes is $1,500.
Winner must have a cryptocurrency wallet that can accept NFTs in order to receive a Prize.
Specifics relating to the prize not specified herein are at sole discretion of Sponsor. The winner is solely responsible for any costs and expenses due in connection with the prize not specified herein. The right to receive the Prize may not be transferred or assigned, except at the Sponsor’s sole discretion. No cash value or substitution of the prize will be permitted or provided, except that Sponsor, in its sole discretion, may provide a prize of comparable or greater value. The winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes due in connection with the prize. Receipt of the prize is conditioned upon compliance with all applicable federal, state and local laws, rules and regulations and these Official Rules.
Winners acknowledge and agree that Sponsor owns all legal right, title and interest in and to any art, design, drawings and/or other content included in and/or associated with the Prize, including without limitation the limited-edition work of Goldfish® x Frank’s® Redhot® Inspired Artwork contained in the NFT (collectively, “Content”), including, without limitation, all intellectual property rights therein. Each winner’s right to use the Content is limited to the ability to hold the Content within the NFT as stored in the winner’s cryptocurrency wallet, and all other use of the NFT is explicitly prohibited. Each winner agrees that, they may not, nor permit any third party to do or attempt to do any of the foregoing without Sponsor’s express prior written consent in each case: (i) modify, alter and/or create derivative works of the Content in any way; (ii) use the Content to advertise, market, or sell any third party product or service; (iii) use the Content in connection with images, videos, and/or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech, infringe upon the rights of others; (iv) use the Content in a manner that disparages Sponsor, McCormick and Company, and/or the products and services of either party, or that otherwise reflect unfavorably or harms Sponsor, McCormick and Company, or the products and services of either party; ; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Content; (vi) attempt to trademark, copyright, or otherwise acquire any other intellectual property rights in or to the Content; (vii) otherwise utilize the Content for the winner’s and/or any third party’s commercial benefit. If at any time the winner sells, trade, donate, give away, or otherwise transfer the Prize for any reason, each winner acknowledges and agrees that they (i) will have no rights in or to the Prize and/or the Content and (ii) shall communicate these limitations and restrictions to any party to whom the winner transfers the Prize, which limitations and restrictions will be included in the metadata of the NFT comprising the Prize. The winner shall not remove any limitations or restrictions from the metadata of the NFT comprising the Prize.
Application of Rules. By entering the Sweepstakes, each entrant warrants that he/she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor retains full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Sponsor’s computer clock is the official timekeeping device of the Sweepstakes. Limit one (1) entry per person and per Instagram account during each Entry Window
If there is a dispute over the identity of an entrant, the entry will be deemed submitted by the “Authorized Instagram Account Holder” associated with the username used to enter via Instagram. The Authorized Instagram Account Holder is defined as the natural person to whom the Instagram account is assigned by Instagram, respectively. Participant, under this method, must enter using only an Instagram account subscribed to and registered in participant’s name. The potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the Instagram account associated with the winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Participants may not register with multiple Instagram accounts nor may entrants use multiple devices or artifices to enter the Sweepstakes multiple times or as multiple entrants. Any entrant who attempts to enter with multiple accounts under multiple identities will be disqualified in Sponsor’s discretion. Proof of submission of an entry shall not be deemed proof of receipt by the Sponsor.
Neither Sponsor nor its advertising and promotion agencies are responsible for lost, late, incomplete, illegible, inaccurate, misdirected entries, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to suspend or terminate the Sweepstakes in the event of any such problem. Entries not in compliance with these Official Rules are disqualified. Sponsor shall have the absolute right to determine if an entry is in compliance with these Official Rules without notice to the person attempting to enter.
Selection of Winner and Notification. Three (3) winners will be selected at random by Sponsor, whose decision will be final and binding, from all eligible entries received during each Entry Window. Odds of winning depend on the number of eligible entries received in the Entry Window. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry either fails to comply with these Official Rules prior to delivery of the prize or refuses the prize or any portion thereof, the prize may be forfeited and awarded to an alternate winner selected at random from the remaining eligible entries at Sponsor’s discretion. An alternate winner will be selected at random from the remaining eligible entries until the prize has been awarded.
Sponsor will notify the potential winners via Instagram Direct Message within approximately one (1) day after the Entry Window. Potential winners will have forty-eight (48) hours to respond to Sponsor. In the case that a winner does not reply in forty-eight (48) hours, an alternate winner will be selected. The potential winner will be required to direct message (DM) Sponsor within five (5) days after notification with his/her contact details (name and email address), proof that the potential winner is eighteen (18) years of age or older, proof that winner has a WAX Cloud Wallet, the winner’s public cryptocurrency wallet ID registered to winner, and any additional information requested by Sponsor to verify eligibility.
By direct messaging Sponsor, Sweepstakes entrant warrants and represents to Sponsor that the information contained in such direct message is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations. It is acknowledged and understood that such information is being provided to Sponsor and not to Instagram. The potential winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor reserves the right to require the potential winner to show proof of identity prior to receiving any prize.
Upon contacting a potential winner and determining that he/she has met all eligibility requirements for the Sweepstakes, including without limitation the execution of an affidavit of eligibility and liability/publicity release (except where prohibited by law) and completion of such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable, such individual will be declared the “winner” of the Sweepstakes.
Sponsor shall not be responsible for (i) the failure of a potential winner to receive Sponsor’s notification for any reason, or for the inability of such potential winner to respond to Sponsor’s notification for any reason; (ii) failed, returned or misdirected notifications due to inaccurate information provided by an entrant; (iii) submissions and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received, in whole or in part, by Sponsor.
Affidavit of Eligibility and Release/Delivery of Prize. The potential winner may be required to sign and return to Sponsor, within two (2) business days from the date the request is made, an affidavit of eligibility and liability/publicity release (except where prohibited by law) and to complete such other documents as Sponsor may reasonably require in order to claim his/her prize, if applicable. If these documents are returned as undeliverable or if a potential winner fails to sign and return the affidavit of eligibility and liability/publicity release (if applicable), and to complete such other documents as Sponsor may reasonably require within the required time period, or if a potential winner does not meet the eligibility or other requirements of the Sweepstakes, the prize will be forfeited and an alternate potential winner will be selected at random from among all remaining eligible entries.
Release of Liability. Each Sweepstakes entrant agrees the Sponsor and Sweepstakes Entities shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to entrant’s participation in this Sweepstakes, or acceptance or use of the prize awarded, and/or based on publicity rights, defamation or invasion of privacy. Each entrant agrees to release and discharge, and hereby releases and discharges, Instagram, Sponsor and the Sweepstakes Parties, including each of their respective parent, subsidiaries or affiliated companies, their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from any liability arising from or related to the Sweepstakes, personal injury, death, property damage, or claims based on publicity rights, defamation, or invasion of privacy.
Indemnification. Each Sweepstakes entrant agrees to indemnify, defend and hold harmless Sponsor and the Sweepstakes Parties, and their successors or assigns, and any and all of their respective officers, directors, shareholders, employees, agents, representatives, licensees and advertising and promotion agencies, from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result of or in connection with entrant’s participation in the Sweepstakes or any Sweepstakes-related activity, receipt, acceptance and/or use of the prize awarded, or any portion thereof, and/or any breach or alleged breach of any warranty or representation made by entrant in connection with the Sweepstakes.
Use of Winner’s Name and Likeness. By submitting an entry, each Sweepstakes entrant, acknowledges and agrees that, if selected as a winner, Sponsor may post winner’s Instagram user name or handle on Instagram, www.instagram.com/goldfishsmiles. A winner who accepts the prize awarded will be deemed thereby to have granted to Sponsor the right, at any time and from time to time, to print, publish, broadcast and use, worldwide and in any media now known or hereafter developed, including but not limited to, the Internet, the winner’s name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration, or right of review or notification, except where prohibited by law, and to have agreed to provide documentation in writing to confirm the foregoing promptly upon request by Sponsor.
Unlawful Conduct and Disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any Sweepstakes entrant who Sponsor determines, in its sole discretion, has (i) tampered with the entry process or the operation of the Sweepstakes or of any website owned, operated or controlled by Sponsor or its parent, subsidiaries or affiliated companies; (ii) was ineligible to participate in the Sweepstakes; (iii) submitted more than the allowed number of entries; or (iv) otherwise acted in an unlawful manner and/or in violation of these Official Rules. Robotic, automated, programmed, or computer-generated entries or mechanical reproductions are prohibited, and any use of such devices or entry methods will cause disqualification. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Sweepstakes.
Suspension/Amendments. Sponsor reserves the right to (i) suspend, cancel, terminate or modify the Sweepstakes without advance notice as required by law and/or in the event Sponsor believes, in its sole discretion, that any computer virus, worms, bugs, tampering, spamming, unauthorized intervention, fraud, technical failures or other errors or problem beyond Sponsor’s control could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, and thereafter to re-commence such Sweepstakes, if at all, only at such time(s) and upon such terms and conditions as Sponsor shall deem reasonable under the circumstances; and (ii) extend the Sweepstakes Period, by providing notice via Instagram if Sponsor determines, in its sole discretion, that an insufficient number of eligible Sweepstakes entries has been received or in the event of unexpected difficulties or other causes beyond Sponsor’s reasonable control.
Severability. If any one or more provisions of these Official Rules are held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these Official Rules.
Force Majeure. The failure of the Sponsor to comply with any provision of this Official Rules due to an act of God, hurricane, war, terrorism, fire, riot, earthquake, epidemic/pandemic, actions of governmental authorities outside the control of the Sponsor or other force majeure event shall not be considered a breach of these Official Rules.
Governing Law; Jurisdiction; Venue; Limitation of Damages. These Official Rules shall be interpreted in accordance with Connecticut law without regard to its conflicts of laws provisions. Each entrant agrees that the state and federal courts located in Connecticut shall have exclusive jurisdiction over any dispute arising from or relating to these Official Rules, this Sweepstakes or entrant’s participation in this Sweepstakes, and entrant’s consent to the personal jurisdiction and venue thereof. ALL DISPUTES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT INCLUDE ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
Winners Names. To obtain the names of the official winner (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send an email to [email protected] with the subject line: Goldfish® x Frank’s® Redhot® Giveaway. Please specify “Winners’ Names” or “Official Rules” in your request.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO INSTAGRAM.